Mo. Code Regs. Ann. tit. 10, § 20-4.023
PURPOSE: This rule sets forth the requirements and process of application for a state grant for construction of wastewater treatment works and the terms and conditions for receipt of this grant. This rule also clarifies the requirements, the types of facilities eligible for grant funds and the grant amount available for eligible grantees.
(3) Eligible Applicants.
(5) General Grant Requirements.
(6) Classification of Costs. The information in this section represents policies and procedures for determining the eligibility of project costs for assistance under programs supported by the Forty Percent Grant Program.
(A) General. It is the policy of the commission that all project costs will be eligible if they meet the following tests:
operable wastewater facility required mitigation; and
existence prior to the date of grant application.
(B) Eligible Costs. Eligible costs include, at a minimum:
and other services incurred in planning and in preparing the design drawings and specifications for the project. An allowance for planning and design will be based on a percentage of the eligible construction, land equipment, materials and supplies cost identified in the bid documents or purchase contracts as determined from Table 1 or 2 (as applicable).
Table 1—Maximum Eligible Amount for Facilities Planning and Design Allowance as a Percentage Construction of Construction Cost $ 100,000 or less $ 120,000 $ 150,000 $ 175,000 $ 200,000 $ 250,000 $ 300,000 $ 350,000 $ 400,000 $ 500,000 $ 600,000 $ 700,000 $ 800,000 $ 900,000 $ 1,000,000 $ 1,200,000 $ 1,500,000 $ 1,750,000 $ 2,000,000 $ 2,500,000 $ 3,000,000 $ 3,500,000 $ 4,000,000 $ 5,000,000 $ 6,000,000 $ 7,000,000 $ 8,000,000 $ 9,000,000 *Interpolate between values including
Cost* 14.49 14.11 13.66 * Interpolate between values 13.36 13.10 Note: These tables shall not be used to 12.68 determine the actual compensation for facili- 12.35 ties planning or design services. The com- 12.08 pensation for facilities planning or design ser- 11.84 vices should be based upon the nature, scope 11.46 and complexity of the services required by 11.16 the community. 10.92 10.71 incurred during the building and initial oper- 10.52 ation phase of the project to ensure that it is 10.36 built in conformance with the design draw- 10.09 ings and specifications. Eligible construction 9.77 phase and initial operation phase services are 9.55 limited to— 9.37 9.07 8.83 8.63 8.47 8.20 7.98 manual; 7.81 7.66 start-up training for operators of mechanical 7.52 facilities constructed by the project to the extent that these costs are incurred prior to Table 2—Maximum Eligible Amount Design Only
Allowance as a Percentage
Construction of Construction Cost Cost* $ 100,000 or less $ 120,000 $ 150,000 $ 175,000 $ 200,000 $ 250,000 $ 300,000 $ 350,000 $ 400,000 $ 500,000 $ 600,000 $ 700,000 $ 800,000 $ 900,000 $ 1,000,000 $ 1,200,000 $ 1,500,000 $ 1,750,000 $ 2,000,000 $ 2,500,000 $ 3,000,000 $ 3,500,000 $ 4,000,000 $ 5,000,000 $ 6,000,000 $ 7,000,000 $ 8,000,000 $ 9,000,000
2. The reasonable cost of services
G. Follow-up services and the cost of 8.57 8.38 8.16 8.01 7.88 7.67 7.50 7.36 7.24 7.05 6.89 6.77 6.66 6.56 6.43 6.34 6.17 6.05 5.96 5.80 5.67 5.57 5.48 5.33 5.21 5.12 5.04 4.96 this department’s final inspection. Costs shall be limited to on-site operator training tailored to the facilities constructed or onor off-site training may be provided by the equipment manufacturer if this training is properly procured;
nance; and
structing the facilities listed if the associated problems are not caused by inadequate operation and maintenance practices:
ties;
treatment plants;
existing pump stations whichever is most cost effective;
interceptors causing regular dry weather bypassing or widespread sewer backups;
other than normal maintenance costs for reduction of excessive information/inflow (I/I);
torious contractor claims for increased costs under subagreements as follows:
project;
to differing site conditions; and
court judgments which resolve contractor claims shall be allowable only to the extent that they are not due to the mismanagement of the recipient;
direct, adverse, physical impacts resulting from building of the treatment works;
to comply with environmental studies and facilities plans or necessary to screen adjacent properties;
facilities necessary to determine the possibility of groundwater deterioration, depletion or modification resulting from building the project;
8. Equipment, materials and supplies.
of laboratory chemicals and supplies necessary to initiate plant operations and laboratory items necessary to conduct tests required for plant operation.
the treatment works necessary to the operation of the works.
equipment, provided the equipment meets applicable federal, state, local or industry safety requirements.
necessary for the operation of the overall wastewater treatment facility, transmission of wastewater or sludge or for the maintenance of equipment. These items include:
pumps to provide pump-around capability in the event of pump station failure or pipeline breaks;
having as their purpose the transportation and/or application of liquid or dewatered sludge or septage; and
and approved in advance;
rights in a patented process or product with the prior approval of the department;
integral part of the treatment process;
ment systems, excluding collector and interceptor sewers, provided the project will upgrade the existing facilities; and
oversight.
(7) Project Selection Process. Priority will be based upon the priority system established in 10 CSR 20-4.010.
(60%) local share) within two (2) years of being placed on the fundable list, it shall be removed from the fundable list on November 15 of the second year. All allocated grant funds will be recovered and combined with any available regular grant funds in the next Intended Use Plan.
(8) Application Requirements. Applicants must submit the documents listed in the following subsections (8)(A)–(D) to be considered for inclusion on the priority list. Some documents may be waived by the department if justified—
(B) A project summary which includes:
maps or drawings showing the project location and layout; and
breakdown;
(D) Proposed project schedule. The following represents the minimum requirements for the project schedule:
issuance of notice to proceed;
(9) Requirements Preceding Bidding Authorization. In addition to the requirements of section (8) of this rule, applicants must submit the documents listed in subsection (9)(A)–(J) and obtain departmental approval prior to award of grant funds.
(H) Updated Project Schedule, if Required. The following represents the minimum requirements for the project schedule:
issuance of notice to proceed;
(11) Architectural or Engineering Contracts. The following represents the minimum requirements for the architectural or engineering contracts:
(A) General requirements for subagreements are, that they—
to the accomplishment of the project work;
ed written agreement;
ed except by amendment; and
(B) The nature, scope and extent of work to be performed during construction should include, but not be limited to, the following:
required by the department and as defined in subsection (20)(A);
nance manual if required by the department and as defined in subsection (20)(B);
reviewing and analyzing construction bids and making recommendations for award; and
ensure conformance with the construction contract documents unless waived by the department.
(12) Procurement of Engineering Services. It is the policy of the commission that contracts for architectural, engineering and land surveying services be negotiated on the basis of demonstrated competence, qualifications for the type of services required and at fair and reasonable prices. The procedures listed in subsections (12)(B) and (C) are contained in sections 8.285–8.291, RSMo.
(C) of this rule.
(B) Whenever a project requiring architectural, engineering or land surveying services is proposed, the owner shall evaluate current statements of qualifications and performance data of prequalified firms on file together with those that may be submitted by other firms regarding the proposed project. In evaluating the qualifications of each firm, the owner shall use the following criteria:
nical competence of the firm with respect to the type of services required;
firm to perform the work in question, including specialized services, within the time limitations fixed for the completion of the project;
firm with respect to such factors as control of costs, quality of work and ability to meet schedules; and
ity with the area in which the project is located.
(C) Negotiation of a Contract.
ly qualified firms. The recipient then shall select the firm considered best qualified and capable of performing the desired work and attempt to negotiate a contract for the project with the firm selected.
ient shall prepare a written description of the scope of the proposed services.
a satisfactory contract with the firm selected, negotiations with that firm shall be terminated. The owner then shall undertake negotiations with another of the qualified firms selected. If there is a failing of accord with the second firm, negotiations with the firm shall be terminated. The recipient then shall undertake negotiations with the third qualified firm.
a contract with any of the selected firms, the recipient shall reevaluate the necessary architectural, engineering or land surveying services, including the scope of services and reasonable fee requirements, again compile a list of qualified firms and proceed in accordance with the provisions of subsections (12)(B) and (C).
(14) Facility Planning. Facility plans or engineering reports must be in accordance with accepted engineering practices, the current Waste Treatment Design Guide, 10 CSR 20- 8.
(17) User Charge and Sewer Use Ordinance. Recipients are required to adopt and implement, for the useful life of the treatment works, approved user charge and sewer use ordinances.
(18) Specifications. The construction specifications must contain the features listed in subsections (18)(A)–(M).
one hundred percent (100%) of the contract price as security for the faithful performance of his/her contract and for the payment of all persons performing labor on the project and furnishing materials in connection with the project under this contract as set forth in the standard form of performance/payment bond included in the contract documents. The surety on this bond shall be a duly authorized surety company satisfactory to the owner.
(19) Bidding Requirements.
(B) Departmental concurrence with contract award must be obtained prior to actual contract award. Recipients shall notify the department in writing of each proposed construction contract which has an aggregate value over twenty-five thousand dollars ($25,000). The recipient shall notify the department within ten (10) calendar days after the bid opening for each construction subagreement. The notice shall include:
wishes to accept;
award;
ly and bidder acknowledgment of all addenda;
tion if applicable; and
sheet and certification if bids exceed prebid estimates by more than fifteen percent (15%).
(20) Operation and Maintenance.
(A) Plan of Operation.
recipient of assistance for construction of mechanical facilities must make provision satisfactory to the department for the development of a plan of operation designed to assure that operational efficiency be achieved as quickly as possible. A plan of operation must be submitted by fifty percent (50%) construction completion and approved by ninety percent (90%) construction completion.
schedule of tasks as outlined in the approved plan of operation is implemented and completed in accordance with the schedules and prior to final inspection of the project. Plan of operations must be approved by the official project start-up date.
(21) Progress Payments to Contractors.
(A) It is the commission’s policy that recipients should make prompt progress payments to prime contractors and prime contractors should make prompt progress payments to subcontractors and suppliers for eligible construction, supplies and equipment costs.
payments are defined as follows:
ment which have been delivered to the construction site or which are stockpiled in the vicinity of the construction site in accordance with the terms of the contract, when conditional or final acceptance is made by or for the recipient. The recipient shall assure that items for which progress payments have been made are adequately insured and are protected through appropriate security measures.
(22) Approval and Payment of Grants.
(B) Payment under the grant shall be made at the request of the applicant. A payment equal to forty percent (40%) of the allowance will be made immediately after the grant is awarded and the recipient’s reimbursement request is received. Additional payments will be made in four (4) installments as follows:
twenty-five percent (25%) of the construction of the project is completed based on the contractor’s pay estimates;
than fifty percent (50%) of the construction of the project is completed and the plan of operation for the project and start-up training proposal, if required under subsection (20)(A) and (C) respectively of this rule, have been submitted and approved, and an operation and maintenance manual, as required by the department, is submitted;
ninety percent (90%) of the project is completed, the operation and maintenance manual if required under subsection (20)(B), has been approved and an enacted sewer use and user charge system have been submitted; and
is constructed and approved by the department.
| Engineering Design | IIIA. I/A Correction __________ | |
|---|---|---|
| Engineering During | IIIB Sewer Rehab | ___________ |
| Construction | IVA. Collection Sewers ________ | |
| Resident Inspection | IVB Interceptor Sewers._______ | |
| Construction | V. Combined Sewer | |
| Equipment | Overflow | |
| Total | Correction | ___________ |
| Total Construction | ||
| Costs | ___________ |
| and boundaries of unsewered areas must be included. | |||
|---|---|---|---|
| Estimated Cost: | |||
| Cost Breakdown for | |||
| Eligible | Non-Eligible | Total | Designated Categories |
| Administrative Expense | I. Secondary ___________ | ||
| Treatment ___________ | |||
| Land/Easements | II. Advanced __________ | ||
| Treatment __________ |
AUTHORITY: section 644.026, RSMo (Supp. 1995).* Original rule filed April 2, 1990, effective Nov. 30, 1990. Amended: Filed Sept. 4, 1991, effective Feb. 6, 1992. Amended: Filed April 14, 1994, effective Nov. 30, 1994. Amended: Filed March 1, 1996, effective Nov. 30, 1996. *Original authority 1972, amended 1973, 1987, 1993, 1995. Missouri Department of Natural Resources Preapplication For Assistance State Revolving Fund Program Applicant Information: Applicant Name: _______________________________ Address: ______________________________________ ______________________________________________ ______________________________________________ ______________________________________________ Type: Incorporated Municipality: ________________ Public Sewer District: _____________________ First Class County: _______________________ Project Manager (Local Government Official): Name: ________________________________________ Title: _________________________________________ Address: ______________________________________ Telephone: ____________________________________ Project Description: NPDES Discharge Permit Numbers of Wastewater Facilities Affected By This Project (If Applicable): _____________________ ______________________ ______________________ ____________________ Population of Area To Be Served: _____________________ Estimate of Future Population: ________________________ Other Facilities (Non-Permitted) Served: Name Population Served Type and Condition of Facility ___________________________ ___________________________________ ________________________________ Revised 8/1/91 10 CSR 20-4 This Space For Official Use Only Priority Points: Project Number: Loan Amount Requested:_________________________ _______________________________________________ Project Location:________________________________ City: __________________________________________ County:________________________________________ Legislative District:______________________________ Senate District: _________________________________ Consulting Engineer: Name:__________________________________________ Firm:___________________________________________ Address:________________________________________ Telephone:__________________________________________ Description of Problem To Be Addressed By Project Including: —Estimated volume of sewage bypassed:_________________mgd —Frequency of bypass events: ________________ per year —Description of known downstream water quality, health effects and land use: ___________________________________________ ________________________________________________________________________________________________________________ —Water body affected (Name, if known)_______________Lake ___________________Stream _______________________________ —Number of percentage of failed septic tanks: _______________Number ________________________________________% of total —Description of conditions resulting from failed septic tanks: __________________________________________________________ ________________________________________________________________________________________________________________ Other Information Regarding Problems Addressed: NOTE: A map showing facilities to be eliminated, location of bypassing, lift stations, relief sewers, Proposed Financing: SRF Loan: Applicant Contribution: Other Funding (List Source): Total To the best of my knowledge and belief, the data in this preapplication are true and correct, and the document has been duly authorized by the governing body of the applicant. Signature: ______________________________________ ___________________________ ___________________________ ___________________________ _____________________________ ___________________________ _____________________________ ___________________________ Typed/Printed Name and Title: _________________________________ Date: ________________________________